Lloyd v. St. Louis Southwestern Ry. Co.
| Decision Date | 17 April 1944 |
| Docket Number | No. 7330.,7330. |
| Parties | LLOYD v. ST. LOUIS SOUTHWESTERN RY. CO. |
| Court | Arkansas Supreme Court |
Appeal from Circuit Court, Mississippi County, Chickasawba District; Walter N. Killough, Special Judge.
Action by Beulah Lloyd, administratrix of Sam Lloyd, her deceased husband, against St. Louis Southwestern Railway Company. Berryman Henwood, Trustee, etc., for death of husband, who was killed in grade crossing collision. From a judgment for defendants, plaintiff appeals.
Affirmed.
W. Leon Smith, of Blytheville, and Arthur L. Adams, of Jonesboro, for appellant.
Barrett & Wheatley, of Jonesboro, for appellees.
Sam Lloyd, the deceased husband of appellant, at and for some months prior to the date of his death, resided with his wife and family at Blytheville, and was employed by Frisco Transportation Company, as a driver of large freight trucks, running between Blytheville and Memphis. About 2 o'clock A.M., October 7, 1941, while on a return trip from Memphis, he was killed when he drove his truck into the side of a box car connected in and forming a part of appellee's train, which was and for some 6 or 7 minutes had been, standing on and over the crossing formed by the intersection of the railroad and U. S. Highway 61, just north of and within the corporate limits of Blytheville. From marks on the highway an expert deduced and testified that the truck skidded 130 feet to a point about 20 feet from the box car, where it appeared the brakes were released. The truck continued on its course and struck with such force as to wedge the hood of the truck under the box car, tilting the same to an angle of 45 degrees, requiring the use of a wrecker to lift the box car before the truck could be pulled out from under it. The blow was sufficiently violent to break the coupling on the end of the box car.
The highway with little or no change in elevation runs straight north a distance of more than two miles before crossing the railroad at right angles, and then continues straight for some six blocks, where it turns east. An exceedingly large volume of traffic moves over this highway.
This case was presented upon the theory that the scene when viewed from the moving truck through the open doors of the box car in the surrounding lights and shadows peculiar to this crossing created an illusion that the street was open and unobstructed and that such illusion constituted an extraordinary hazard, which imposed upon appellee the duty to give deceased and other travelers on the highway special warning thereof through the use of watchmen, gongs, bells, lights, or other means commensurate with the danger.
It is appellant's theory that the character and location of the box car, the width and location of the opening created by the open doors therein, the rays from street lights high on poles, and the glow from neon signs, all to the north and beyond the crossing, together with darkness to the south out of which deceased approached the crossing, all combined to create this illusion.
The facts most favorable to appellant, tending to establish the elements constituting the alleged illusion, may be stated as follows: The box car was of the automobile type, the dimensions of which are not disclosed. It extended entirely across the pavement, which was approximately twenty feet in width. In the center of each side of the car and directly opposite each other, there were doors about 12 feet wide, both of which at the time were fully opened, permitting unobstructed vision through the openings therefor. Such openings extended from the right hand edge of the pavement to a point 2 feet to the left of the center line thereof. There were no lights of any kind in the direction from which deceased approached. The crossing was the line of demarkation between darkness and light. Beginning at a point 20 feet north of the crossing and continuing at intervals of a block along the left side of the highway were small street lamps, hung high on light poles. These lights were visible both over and through the car.
A tourist court was located on the left side of the highway about one block north of the crossing, in front of which was a sign in which the illuminated word "tourist" automatically flashed on and off. 75 feet north of the crossing and 60 feet from the edge of the pavement on the right side thereof going north there was situated a filling station, where a neon illuminated clock was burning.
Some four blocks north of the crossing there was another filling station, in front of which there was a neon sign with illuminated bands around it, carrying an illuminated "66" emblem. These neon signs gave off a bright glare or glow, and illuminated the air so that they could be seen farther than an ordinary light.
Other signs and lights were located along the street, but there is no substantial evidence that any such were burning at the time of the accident.
The deceased was thoroughly familiar with this railroad crossing. For several months he had driven a freight truck regularly to and from Memphis. His regular run required him to leave Blytheville shortly after noon of each day, drive to Memphis and return and arrive at Blytheville about 2 o'clock the following morning. He thus passed over this crossing at least twice each day one such daily crossing occurring in the early morning, when the rays from the street lights and electric signs were similar to those existing on the morning of the tragedy.
The trial court directed the...
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